DELHI TRANSCO LIMITED Vs. KANHIYA LAL

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/defendant impugning the concurrent Judgments of the courts below; of the Trial Court dated 18.2.2012 and the First Appellate Court dated 14.8.2014; by which the suit for declaration and mandatory injunction filed by the respondent/plaintiff (since deceased and now represented by his legal heirs) was decreed by declaring as null and void the termination from service Order dated 28.4.2000 and that the respondent/plaintiff was to be treated as continuing in service w.e.f 8.4.2004 with all consequential benefits.

(2.) The facts of the case are that the respondent/plaintiff was employed as a helper with the Delhi Electric Supply Undertaking (DESU). Delhi Vidhut Board (DVB) is the successor entity of the Delhi Electric Supply Undertaking (DESU). Respondent/plaintiff was charge-sheeted vide Memo dated 15.10.1987 that he had not reported to duty from July, 1986 and had thereafter got his card punched on different dates but had actually not reported for duty.

(3.) The suit was contested by the appellant/defendant and who had placed reliance upon the finality of the Termination Order dated 28.4.2000 and that the Letter dated 5.4.2004 Ex.PW1/12 was only a factum of intimation with respect to the earlier Termination Order dated 28.4.2000 and that the Letter dated 5.4.2004 was not a termination of services order.